The URL can be used to link to this page

Home My WebLink AboutPSD-050-07 Cl~n REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Report #: PSD-050-07 File No's: ZBA 2007-0001 ~tSo\\A-hon ~.oA ~344--(), By-law #: Monday, May 7, 2007 Subject: REZONING TO PERMIT FARM-RELATED EQUIPMENT SALES AND SERVICE USE ON AN EXISTING RURAL RESIDENTIAL LOT APPLICANT: GARY AND DONNA ARNOTT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-07 be received; 2. THAT the application for Zoning By-law Amendment submitted by Gary and Donna Arnott be referred back to staff to allow for receipt of outstanding comments and a subsequent recommendations report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision; Submitted by: / David Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~__~ Franklin Wu, Chief Administrative Officer PW*CP*DC*sh*df April 20, 2007 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-050-07 1.0 APPLICATION DETAILS PAGE 2 1.1 Owner/Applicant: Gary and Donna Arnott 1.2 Rezoning: from "Agricultural (A)" to an appropriate zone to permit farm-related equipment sales and service use on a rural residential property. 1.3 Location: 2433 Courtice Road, Darlington Part Lot 28, Concession 2, Former Township of Darlington 1.4 Site Area: 0.22 ha 2.0 BACKGROUND 2.1 In July of 2006, the Clarington Building Division received a complaint regarding the construction of an addition to an existing accessory building on the subject property. As no building permit had been issued the owner was advised to make application for a building permit for the expansion. The use of the accessory building as a "tractor and lawn equipment sales and repair establishment" was not permitted within the current zoning of the property. Additionally, the size of the newly expanded accessory building exceeds the maximum permitted floor area, which is limited to 40% of the floor area of the principal dwelling. 2.2 On August 4, 2006, Mr. Arnott attempted to resolve the matter by applying for a minor variance to address the size of the accessory building. However, Mr. Arnott was informed that a decision of the Committee of Adjustment could only resolve the matter of size and would still not allow the "tractor and lawn equipment sales and repair establishment" . Staff met with Mr. Arnott and Mr. Arnott's consultant - Devon Biddle of Biddle & Associates several times over the next several months to discuss the rezoning and site plan process that was required to legalize the commercial use on the applicants' property. 2.3 On December 22, 2006, the Planning Services Department received a rezoning application. It is the applicants' intention to live and work from the same property they have owned since 1999. The existing garage was recently expanded to accommodate the space required to carry on the commercial use. 2.4 The applicant has also submitted a site plan application (SPA 2007-0001) and appropriate elevation drawings demonstrating the expanded buildings appearance and practical utility. REPORT NO.: PSD-050-07 3.0 PUBLIC NOTICE AND SUBMISSIONS PAGE 3 3.1 Public Notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the applicant on the Courtice Road frontage 21 days prior to the public meeting. 3.2 As of the writing of this report, Staff has received no objections to the proposal. 4.0 SITE CHARACTERISTICS AND SURROUNDING AREAS 4.1 The subject property is located on the east side of Courtice Road south of Highway 2 and north of Bloor Street. The property currently contains a single detached dwelling and a detached accessory building. Behind the accessory building, in the northeast corner of the property is a 46' x 53' outdoor storage area. The outdoor storage area is screened on the west side by the accessory building and by a solid fence and gate. The outdoor storage area is screened on the north, south and east sides by a mature hedge although the north side remains partially visible from Courtice Road. The current drainage for the property runs west-to-east from Courtice Road, through the hard surfaced parking area, south of the outdoor storage area and into the lower-lying agricultural lands to the east of the subject property. The single detached dwelling used as the applicants' primary residence REPORT NO.: PSD-050-07 PAGE 4 The existing building to be used for farm-related equipment sales and service 4.2 Surrounding Uses: North: East: South: West: Agricultural Agricultural Agricultural Agricultural & Residential 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The Provincial Policy Statement states that, within rural areas, permitted uses and activities shall: · relate to rural land uses; · be appropriate to the available and planned infrastructure; · comply with the minimum distance separation formulae; and · promote land uses that are compatible with the rural landscape and can be sustained by rural service levels. Further, the Provincial Policy Statement permits new agriculture-related uses provided that they are compatible with and do not hinder surrounding agricultural operations, are limited in scale and whose uses are included in municipal planning documents. REPORT NO.: PSD-050-07 The r~zoning of this site to allow for a farm-related equipment sales and service establishment as a permitted use is consistent with the policies found within the Provincial Policy Statement. PAGE 5 5.2 Places to Grow The Growth Plan for the Greater Golden Horseshoe directs new development to settlement area except where necessary for development related to rural land uses. The rezoning of this site to allow for a farm-related equipment sales and service establishment as a permitted use is consistent with the policies found within the Growth Plan for the Greater Golden Horseshoe. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject property "Prime Agricultural Areas". This designation is intended to preserve lands with high agricultural significance and/or existing farm operations for continued agricultural and agricultural- related uses. The subject property is under 2 Ha in size and therefore would not possess the required lot area to be recognized as a farm operation. The proposal for a farm-related equipment sales and service establishment conforms with the Durham Regional Official Plan. 6.2 Clarinaton Official Plan The Clarington Official Plan designates the subject property "General Agricultural Area". Lands with this designation are intended to be used only for farm and farm-related uses, including farm-related commercial uses provided that such uses: · are compatible with existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic or other nuisances; · do not conflict with surrounding agricultural uses; · are not located on Class 1 or Class 2 soil; · conform with the minimum distance separation formulae; and · do not abut any designated rural settlement area. It should be noted that the agricultural lands located across from the applicants' property, on the west side of Courtice Road, are designated as "Urban Residential" in the Clarington Official Plan. REPORT NO.: PSD-050-07 7.0 ZONING BY-LAW CONFORMITY PAGE 6 7.1 The. property is currently zoned "Agricultural (A)" which does not permit a farm-related e~U1pmen~ sales ~nd .service establishment. As a result, the applicants have submitted thIs rezoning application for consideration. 8.0 AGENCY COMMENTS 8.1 The rezoning application was circulated to a number of agencies for comment. Clarington Emergency Services, Clarington Operations Department and Hydro One had no objection to this application. The Durham Regional Health Department has stated that their review of this application is not required as no water connections will be made to the accessory building. At the time of writing this report, no comments or concerns have been received from the Durham Regional Planning Department, or the Durham Regional Works Department. 8.2 The Clarington Engineering Services Department have no objection to this proposal. However, they have provided comments applicable to the site plan application. These include the following conditions; that all existing stormwater drainage patterns must be maintained and remain unaltered; and, cash-in-lieu of parkland dedication be provided to the appropriate amount. 8.3 The Clarington Building Division has no objection to this application provided that a building permit be approved for the additions to the existing garage, and that the applicant pay all development charges prior to the issuance of a building permit. 8.4 Although formal comments have not been received from the Region, our understanding is that their written comments will request a road-widening of 3 metres along the Courtice Road frontage. 9.0 STAFF COMMENTS 9.1 Seven (7) parking spaces are provided on the property. Two (2) parking spaces are required for use by the primary dwelling and five (5) parking spaces are required for the farm-related equipment sales and service establishment of which one (1) of those spaces must be a handicapped space. One (1) loading space, not shown on the site plan, is required by the Zoning By-law. We would have no objection to exempting the applicants from this requirement. 9.2 In conjunction with their business, the applicants have requested that an outdoor storage area be permitted behind both fenced and vegetative screening. The outdoor storage would be in the northeast corner of the property and adjacent to the accessory building. We would have no objection provided that it is appropriately screened. This issue will be addressed through the Site Plan process. REPORT NO.: PSD-050-07 PAGE 7 9.3 There are two commercial signs present on the property. The first is a ground identification sign located on the Courtice Road frontage. The second is a small wall sign is located on the west side of the accessory building. Both of these signs will be incorporated in the Site Plan approval process. 10.0 CONCLUSION 10.1 The application should be referred back to Staff to consider any comments from the Public Meeting and until such time as all department/agency comments are received and can be incorporated into the final report to Council. Attachments: Attachment 1 - Key Map Attachment 1 To Report PSD-050-07 .... c CI) Q) - (J E c t: :r;: "l"'" 't:J "l"'" Q) 0 ;j 0 c 0 E c 0 0 Q) 0 't:J ~ U 0 E (::) ,.. d' Q) ..... . . ~ ..... ~ ..... E 0 ~ 0 "' 0 "' 0 ~ C) N 'i" N c ~ <( >- ~ ~ Q) m In D- C N C) U) Q) ~ C :t::: 0 "2 en 0 N I~ ~~ /..:Jj; ,\(/)VA 'c:: ---'C:::I" YS'yS ""~ ~ ~ ~ ~ = .....1/ 1 11 f ~ ~ 2i!:l,J ..., 0..:: '-' 0 i5~~~ :! f. \ IlJ l1: lij ., <.0 ~ ~l.>iUCl: r '0 <: ~ Ii? ~ ~ Q) f 2' i::: l,J "'~~ '" .... '" ~~' 8 -J ~ i::: ~ 1 Oz '"0 ~ <n- 0>- .,; "-- l.(') 00 0:0 "-< ,~ - I"; 10.98 ~ . N - -~ 'V to '-"" >- 0 ~~ I() - '" 1;i<> Nil) "'W I.> ... :::lu '" _ u '" - 8.09 - "- '-'3 ~ 'V -- - II) t I ~~ ~ "- 1;i 02 wo 11 ~- j 01' L SL'S CD 0>- "'I~ g;Ci .... 0:0 , "-< - .,. , -J - t;j - / t - D '" It) ~ (.J 0 0 '" CD 00'9 "- iGJ v v I v v v . v y~.vS ~ / ~ -- - -- - - - - - '- - - 3JI1~nOJ - - - avo~